Karnataka
Dandupalya, Kolathur, Vadigehalli, , KGF, Bangarapete, Mulbagal
,
Malur
,
Kolar
Published :
Oct 2018
|
Updated :
Kolar Farmers Continue Fight for Compensation for Bengaluru-Chennai Express Corridor
Reported by
Elizabeth Mani
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
6000
People affected
2015
Year started
0
Land area affected
Households affected
6000
People Affected
2015
Year started
0
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
1
Summary

Three years after their land was acquired for the BengaluruChennai Express Corridor Road, more than 5,000 people in the overpasses of the corridor are yet to receive compensation. BangaloreChennai Expressway Santrasta Raitara Horata Samiti (BCESRHS), a local organisation formed by the Karnataka Prantha Raitha Sangha (KPRS) to help the affected families in Kolar, along with farmers, has been demanding that those who have lost their land to the road development project should be provided compensation at the current market price. On May 27, 2015, the Central Government had issued a land acquisition notice under the National Highways Act, 1956. The final notification for land acquisition was issued in 2016. Special land acquisition officers had acquired over 3,700 acres of land in more than 63 villages in Malur, Bangarapete and Mulbagal towns and in Kolar Gold Fields tehsil in Kolar District. KPRS wants the National Highways Authority of India (NHAI) to compensate the farmers at the current market rate as per the Land Acquisition Act, 2013, instead of considering compensation under the guidance value under the National Highways Act, 1956 (the minimum price set by the state government to register a property). The farmers also claim that ever since construction started on the acquired land, the trees and plants are yet to be priced and argue that their value, too, should be based on the current market price, along with the landrelief fund. They have further demanded that farmers holding 500 acres of _bagar hukum _land (government land cultivated without permission) be compensated at the current market rate. KPRS has urged the NHAI to provide free toll admission cards to farmers who have lost their land to toll projects, which will allow them to use the highway without paying a toll fee. BCESRHS adviser G.C. Bayya Reddy said, 'If the problem is not solved by the state government by September, we will appeal to Karnataka Chief Minister H. D. Kumaraswamy on October 3, 2018.' The chief minister had cancelled the appointment; however, the farmers have filed a petition under the tribunal of the Kolar district magistrate. "We will wait until October for adequate compensation. If the farmers do not receive it, we will challenge the case in the High Court," Reddy added. The project aims to reduce travel time on the 90metrewide expressway, which will run parallel to the existing NH4. It is part of the Centre's larger expressway plan, which will build a 1,000km expressway network across the country.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for compensation

Other Demand/Contention of the Affected Community

Region Classification

Urban and Rural

Type of Land

Both

Forest and Non-Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

1119

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Deputy Commissioner of Kolar, National Highways Authority of India

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Elizabeth Mani
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Fact sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for compensation

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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